tokfandomcom-20200215-history
Separation of powers
The separation of powers is a model for the of a . Under this model, a state's government is divided into branches, each with separate, independent powers and responsibilities so that of one branch are not in conflict with those of the other branches. The typical division is into three branches: a , an , and a , which is the model. It can be contrasted with the in and , where the executive and legislative branches overlap. Separation of powers, therefore, refers to the division of responsibilities into distinct branches of government by limiting any one branch from exercising the core functions of another. The intent of separation of powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and used interchangeably with the principle. While the model is a common type of separation, there are governments that have greater or fewer than three branches, as mentioned later in the article. History Antiquity first mentioned the idea of a "mixed government" or hybrid government in his work , where he drew upon many of the constitutional forms in the . In the , the , and the showed an example of a according to (Histories, Book 6, 11–13). Early modern mixed government (1509–1564) favoured a system of government that divided political power between and ( ). Calvin appreciated the advantages of , stating: "It is an invaluable gift if God allows a people to elect its own government and magistrates." In order to reduce the danger of misuse of political power, Calvin suggested setting up several political institutions that should complement and control each other in a system of . In this way, Calvin and his followers resisted and furthered the growth of democracy. Calvin aimed to protect the rights and the well-being of ordinary people. In 1620, a group of English separatist and (later known as the ) founded in North America. Enjoying self-rule, they established a bipartite democratic system of government. The elected the , which functioned as legislature and judiciary and which in turn elected a governor, who together with his seven "assistants" served in the functional role of providing executive power. (founded 1628), (1636), (1636), , and had similar constitutions – they all separated political powers. (Except for Plymouth Colony and Massachusetts Bay Colony, these English outposts added to their democratic systems, an important step towards the development of .) Books like 's (written between 1630 and 1651) were widely read in England. So the form of government in the colonies was well-known in the mother country, including to the philosopher (1632–1704). He deduced from a study of the English constitutional system the advantages of dividing political power into the legislative (which should be distributed among several bodies, for example, the and the ), on the one hand, and the executive and federative power, responsible for the protection of the country and prerogative of the monarch, on the other hand. (The had no written constitution.) Montesquieu's separation of powers system }} The term "tripartite system" is commonly ascribed to , although he did not use such a term but referred to "distribution" of powers. In (1748), Montesquieu described the various forms of distribution of among a , an , and a . Montesquieu's approach was to present and defend a form of government whose powers were not excessively centralized in a single monarch or similar ruler (a form known then as "aristocracy"). He based this model on the and the . Montesquieu took the view that the Roman Republic had powers separated so that no one could usurp complete power. In the British constitutional system, Montesquieu discerned a separation of powers among the monarch, Parliament, and the courts of law. Montesquieu argues that each Power should only exercise its own functions. He was quite explicit here: Separation of powers requires a different source of legitimization, or a different act of legitimization from the same source, for each of the separate powers. If the legislative branch appoints the executive and judicial powers, as Montesquieu indicated, there will be no separation or division of its powers, since the power to appoint carries with it the power to revoke. Montesquieu actually specified that the independence of the judiciary has to be real, and not merely apparent. The judiciary was generally seen as the most important of the three powers, independent and unchecked. Checks and balances The principle of checks and balances is that each branch has power to limit or check the other two, which creates a balance between the three separate branches of the state. This principle induces one branch to prevent either of the other branches becoming supreme, thus be eternally confronting each other and in that process securing . was an advocate of this, noting that "the problem of setting up a state can be solved even by a nation of devils" so long as they possess an appropriate constitution to pit opposing factions against each other. Checks and balances are designed to maintain the system of separation of powers keeping each branch in its place. The idea is that it is not enough to separate the powers and guarantee their independence but the branches need to have the constitutional means to defend their own legitimate powers from the encroachments of the other branches. They guarantee that the branches have the same level of power (co-equal), that is, are balanced, so that they can limit each other, avoiding the abuse of power. The origin of checks and balances, like separation of powers itself, is specifically credited to in the Enlightenment (in , 1748). Under this influence it was implemented in 1787 in the . The following example of the separation of powers and their mutual checks and balances from the experience of the is presented as illustrative of the general principles applied in as well: Comparison between tripartite and bipartite national systems s with a high degree of separation of powers are found worldwide. A number of n countries have es of government. The is distinguished by a particular entwining of powers, such as in and . Canada makes limited use of separation of powers in practice, although in theory it distinguishes between branches of government. New Zealand's is based on the principle of separation of powers through a series of constitutional safeguards, many of which are tacit. The Executive's ability to carry out decisions often depends on the Legislature, which is elected under the system. This means the government is rarely a single party but a coalition of parties. The Judiciary is also free of government interference. If a series of judicial decisions result in an interpretation of the law which the Executive considers does not reflect the intention of the policy, the Executive can initiate changes to the legislation in question through the Legislature. The Executive cannot direct or request a judicial officer to revise or reconsider a decision; decisions are final. Should there be a dispute between the Executive and Judiciary, the Executive has no authority to direct the Judiciary, or its individual members and vice versa. Complete separation of powers systems are almost always , although theoretically this need not be the case. There are a few historical exceptions, such as the system of revolutionary France. offers an example of non-Presidential separation of powers today: It is run by a seven-member executive branch, the . However, some might argue that Switzerland does not have a strong separation of powers system as the Federal Council is appointed by parliament (but not dependent on parliament) and, although the judiciary has no power of review, the judiciary is still separate from the other branches. Typical branches * * * Additional branches * * – in which election commissions, tribunals or courts are maintained separately from other branches * * Three branches Australia does not maintain a strict separation between the legislative and executive branches of government—indeed, government ministers are required to be members of parliament—but the federal judiciary strictly guards its independence from the other two branches. However, under influence from the U.S. constitution, the Australian constitution does define the three branches of government separately, which has been interpreted by the judiciary to induce an implicit separation of powers. State governments have a similar level of separation of power but this is generally on the basis of convention, rather than constitution. Austria The was originally written by , the prominent constitutional scholar in Europe at that time. Kelsen was to serve as a part of the judicial court of review for Austria as part of its tripartite government. Czech Republic The Constitution of the Czech Republic, adopted in 1992 immediately before the , establishes the traditional tripartite division of powers and continues the tradition of its predecessor constitutions. The , which replaced the provisional constitution adopted by the newly independent state in 1918, was modelled after the constitutions of established such as those of the , and , and maintained this division, as have subsequent changes to the constitution that followed in 1948 with the , the as well as the of 1968. Denmark * – legislature * , , Government Departments and Civil Service – executive * – judiciary France According to the , the government of France is divided into three branches: * Executive. This includes the popularly elected as well as the and cabinet. The French Prime minister is nominated by the president, but the government is responsible to the lower house of the legislature, the . * . A bicameral legislature that includes the (upper house) and the (lower house). The relationship between the two houses is asymmetric, meaning that in case of dispute, the National Assembly has the final word according to Article 45 of the Constitution. * . This includes the judicial and administrative orders. It also includes a . Hong Kong is a established in 1997 pursuant to the , an international treaty made between Britain and China in 1984, registered with the . Currently, Hong Kong has three branches of government as codified in the , its constitution, which largely preserved political structures of the , under the doctrine of : * – legislature * – executive * (Court of Final Appeal and other courts and tribunals) – judiciary The , elected by a 1200-member (which historically was dominated by pro-Beijing establishment members), is both head of the region and head of government, and chairs the , which is composed of "unofficial" members and government secretaries. The legislature consists of 70 members, 35 of whom are elected by "functional" constituencies represented by members within various industries rather than the public at large. Separation of power between executive and legislature is, therefore, questionable. The courts frequently exercise a power of of and also decide matters of of legislation, though this power is circumscribed under the power of the People's Republic of China's National People's Congress to make final determinations as to interpretation. Hence, the separation of powers is again structurally weak. It is worth noting that the branches' separation of power may not be intended within the as Chinese leaders have publicly called for the three branches to cooperate and be led by the . Further, was quoted to have categorically dismissed Hong Kong having a system. India follows which offers a clear separation of powers. The judiciary is fairly independent of the other two branches with the power to interpret the constitution. has the legislative powers. Executive powers are vested in the who is advised by the headed by the . The constitution of India vested the duty of protecting, preserving and defending the constitution with the President as common head of the executive, parliament, armed forces, etc.—not only for the but also the various in a . All three branches have "checks and balances" over each other to maintain the balance of power and not to exceed the constitutional limits. * President can passed by the legislative or an advise given by the when it is inconsistent with the constitution of India. * Even if the president accepts a law passed duly by the legislative, it can be after a fair trial if it is against the . Any citizen of India can directly to repeal the unconstitutional laws made by the legislative or executive. * President can be impeached for unconstitutional orders/decisions after a fair trial conducted by the parliament. * President can be asked to for unconstitutional orders/decisions on the grounds of losing eligibility for the position. * Parliament can impeach judges of Supreme Court and High Courts of states for their incompetence and . A higher bench of judges can set aside the incorrect judgements of a smaller bench of judges to uphold the constitution. Iran * Government – Executive * The legislature of Islamic Republic of Iran – Legislative * Judicial system – Judicial Italy In the powers are separated, even though the Council of Ministers needs a from both chambers of Parliament (which represents a large number of members, almost 1,000). Like every parliamentary form of government, there is no complete separation between Legislature and Executive, rather a continuum between them due to the confidence link. The balance between these two branches is protected by Constitution and between them and the judiciary, which is really independent. Malaysia * Parliament – legislature * Prime Minister, Cabinet, Government Departments and Civil Service – executive * Federal Courts and lower courts – judiciary Nepal * Legislative Parliament – Legislature * Prime Minister, Cabinet of Minister and Government Departments – Executive * Supreme Court – Judiciary Norway * – legislature * The King, , , Government Departments and Civil Service – executive * The Supreme Court, – judiciary A note on the status of separation of power, checks and balances, and in Norway today. In the original constitution of 1814 the Montesquieu concept was enshrined, and the people at the time had the same skepticism about political parties as the American founding fathers and the revolutionaries in France. Nor did people really want to get rid of the king and the Council of State (privy council). King and council was a known concept that people had lived with for a long time and for the most part were comfortable with. The 1814 constitution came about as a reaction to external events, most notable the (see ). There was no revolution against the current powers, as had been the case in the U.S. and France. As there was no election of the executive, the king reigned supremely independent in selecting the members of the Council of State, no formal political parties formed until the 1880s. A conflict between the executive and legislature started developing in the 1870s and climaxed with the legislature impeaching the entire Council of State in 1884 (see }). With this came a switch to a of government. While the full process took decades, it has led to a system of , where the Montesquieu idea of separation of powers is technically dead even though the three branches remain important institutions. This does not mean that there are no checks and balances. With the introduction of a parliamentary system, political parties started to form quickly, which led to a call for electoral reform that saw the introduction of in 1918. The peculiarities of the Norwegian election system generate 6–8 parties and make it extremely difficult for a single party to gain an absolute majority. It has only occurred for a brief period in the aftermath of World War II where the had an absolute majority. A parliament that must either form a minority executive or a coalition executive functions as a perfectly good system of checks and balances even if it was never a stated goal for the introduction of multiparty system. The multiparty system came about in response to a public outcry of having too few parties and a general feeling of a lack of representation. For this reason, very little on the topic of separation of powers or checks and balances can be found in the works of Norwegian political sciences today. Pakistan * – * and their – * and – United Kingdom * Parliament – legislature * Prime Minister, Cabinet, Government Departments and Civil Service – executive * Courts – judiciary The development of the British constitution, which is not a document, is based on fusion in the person of the Monarch, who has a formal role to play in the legislature (Parliament, which is where legal and political sovereignty lies, is the Crown-in-Parliament, and is summoned and dissolved by the Sovereign who must give his or her Royal Assent to all Bills so that they become Acts), the executive (the Sovereign appoints all ministers of His/Her Majesty's Government, who govern in the name of the Crown) and the judiciary (the Sovereign, as the fount of justice, appoints all senior judges, and all public prosecutions are brought in his or her name). Although the of separation of power plays a role in the United Kingdom's constitutional life, the constitution is often described as having "a weak separation of powers" ( ) despite it being the one to which Montesquieu originally referred. For example, the executive forms a subset of the legislature, as did—to a lesser extent—the judiciary until the establishment of the . The Prime Minister, the Chief Executive, sits as a member of the , either as a peer in the or as an elected member of the (by convention, and as a result of the supremacy of the Lower House, the Prime Minister now sits in the ). Furthermore, while the courts in the United Kingdom are amongst the most independent in the world, the , who were the final arbiters of most judicial disputes in the U.K. sat simultaneously in the , the upper house of the legislature, although this arrangement ceased in 2009 when the came into existence. Furthermore, because of the existence of Parliamentary sovereignty, while the theory of separation of powers may be studied there, a system such as that of the U.K. is more accurately described as a " ". Until 2005, the fused in his person the Legislature, Executive and Judiciary, as he was the ex officio , a Government Minister who sat in and was head of the , which administered the courts, the justice system and appointed judges, and was the head of the Judiciary in England and Wales and sat as a judge on the , the highest domestic court in the entire United Kingdom, and the , the senior tribunal court for parts of the Commonwealth. The also had certain other judicial positions, including being a judge in the Court of Appeal and President of the Chancery Division. The combines other aspects of the constitution, including having certain ecclesiastical functions of the , making certain church appointments, nominations and sitting as one of the thirty-three Church Commissioners. These functions remain intact and unaffected by the . In 2005, the separated the powers with Legislative functions going to an elected and the Judicial functions going to the . The was replaced with a and the currently serves in the position of . The judiciary has no power to strike down primary legislation, and can only rule on secondary legislation that it is invalid with regard to the primary legislation if necessary. Under the concept of , can enact any primary legislation it chooses. However, the concept immediately becomes problematic when the question is asked, "If parliament can do anything, can it bind its successors?" It is generally held that parliament can do no such thing. Equally, while statute takes precedence over precedent-derived common law and the judiciary has no power to strike down primary legislation, there are certain cases where the supreme judicature has effected an injunction against the application of an act or reliance on its authority by the civil service. The seminal example of this is the , where the House of Lords granted such an injunction preventing the operation of the Merchant Shipping Act 1988 until litigation in the European Court of Justice had been resolved. The House of Lords ruling in Factortame (No. 1), approving the European Court of Justice formulation that "a national court which, in a case before it concerning Community law, considers that the sole obstacle which precludes it from granting interim relief is a rule of national law, must disapply that rule", has created an implicit tiering of legislative reviewability; the only way for parliament to prevent the supreme judicature from injunctively striking out a law on the basis of incompatibility with Community law is to pass an act specifically removing that power from the court, or by repealing the European Communities Act 1972. The British legal systems are based on traditions, which require: * or cannot initiate complaints under but can only investigate (prosecution is mostly reserved for the ), which prevents —e.g., the " " which is often specifically forbidden. * s cannot withhold evidence from for the ; to do so results in or dismissal. Accordingly, their relation to police is no advantage. * s convicted can , but only fresh and compelling evidence not available at trial can be introduced, restricting the power of the to the process of law applied. United States at of 1787, signing of U.S. Constitution}} Justice testified before the about separation of powers and checks and balances of the U.S. Government}} Separation of powers was first established in the , wherein the founding fathers included features of many new concepts, including hard-learned historical lessons about the checks and balances of power. Similar concepts were also prominent in the state governments of the United States. As colonies of Great Britain, the founding fathers considered that the American states had suffered an abuse of the broad power of parliamentarism and monarchy. As a remedy, the United States Constitution limits the powers of the federal government through various means—in particular, the three branches of the federal government are divided by exercising different functions. The executive and legislative powers are separated in origin by separate elections, and the judiciary is kept independent. Each branch controls the actions of others and balances its powers in some way. In the Constitution, Article 1 Section I grants Congress only those "legislative powers herein granted" and proceeds to list those permissible actions in Article I Section 8, while Section 9 lists actions that are prohibited for Congress. The vesting clause in Article II places no limits on the Executive branch, simply stating that "The Executive Power shall be vested in a President of the United States of America." The Supreme Court holds "The judicial Power" according to Article III, and was established in under the Marshall court. The presidential system adopted by the Constitution of the United States obeys the balance of powers sought, and not found, by the constitutional monarchy. The people appoint their representatives to meet periodically in a legislative body, and, since they do not have a king, the people themselves elect a preeminent citizen to perform, also periodically, the executive functions of the State. The direct election of the head of state or of the executive power is an inevitable consequence of the political freedom of the people, understood as the capacity to appoint and depose their leaders. Only this separate election of the person who has to fulfill the functions that the Constitution attributes to the president, so different by its nature and by its function from the election of representatives of the electors, allows the executive power to be controlled by the legislative and submitted to the demands of political responsibility. is maintained by appointments for life, which remove any dependence on the Executive, with voluntary retirement and a high threshold for dismissal by the Legislature, in addition to a salary that cannot be diminished during their service. The refers to the branches as "branches of government", while some systems use "government" exclusively to describe the executive. The Executive branch has attempted to claim power arguing for separation of powers to include being the Commander-in-Chief of a standing army since the , s, emergency powers, security classifications since , national security, signing statements, and the scope of the . Other systems China Imperial China ; (ancient) : # – executive leader # ( chief and also Deputy Chancellor) – supervisory leader # – military leader / , etc. ; (medieval) # – edict execution ## ## ## ## ## ## # – edict formulation # – edict review * – supervision * , , etc. ; and dynasties * , via or equivalent ** (cabinet) – edict formulation ** – edict execution ** – supervision *** Reviewers of the – supervising the Six Ministries *** 13~20 Circuits s –supervising regional officials ** , etc. ; Judicial : # – case judgement # – case supervision # – case review ; Military * ** or equivalent ** ** Commands (e.g., Three Commands of the forces, and of the armies) Republic of China According to 's idea of " ", the government of the Republic of China has five branches: * – led by the but in actuality it is the who sets policy – executive * – – legislature * – its Constitutional Court (highest) and have different jurisdictions – judiciary * – audit branch * – civil service personnel management and human resources The and as well as the defunct are constitutionally not part of the above five branches. Before being abolished in 2005, the National Assembly was a standing and for the president and vice president. Its constitutional amending powers were passed to the legislative yuan and its electoral powers were passed to the electorate. The relationship between the executive and legislative branches are poorly defined. An example of the problems this causes is the near complete political paralysis that results when the president, who has neither the power to veto nor the ability to dissolve the legislature and call new elections, cannot negotiate with the legislature when his party is in the minority. The examination and control yuans are marginal branches; their leaders as well as the leaders of the executive and judicial yuans are appointed by the president and confirmed by the legislative yuan. The legislature is the only branch that chooses its own leadership. The vice president has practically no responsibilities. People's Republic of China The central government of the People's Republic of China is divided among several state organs: # (NPC): the ultimate power of the state that makes the constitution and basic laws, and supervises and elects all following organs; # (NPCSC): the permanent legislative organ that makes most laws, interprets the constitution and laws, conducts , and supervises all following organs; # : acts as a ceremonial in compliance with decisions made by the NPCSC but exercises an independent power to nominate the Premier of the State Council; # (synonymous with "Central People's Government"): the executive branch, whose is the ; # (CMC): the military branch, whose is the of the national armed forces including the (PLA), the (PAP), and the ; # (NSC): the supervisory branch; # (SPC): the judicial branch; # (SPP): the prosecutorial branch. Belgium is currently a federated state that has imposed the on different governmental levels. The constitution of 1831, considered one of the most liberal of its time for limiting the powers of its monarch and imposing a rigorous system of separation of powers, is based on three principles (represented in the ). (horizontal separation of powers): * The legislative power is attributed to a parliamentary body elected with through a representative general election system (one person, one vote). * The executive power is attributed to the Council of Ministers. Ministers are formally appointed by the King though in practice the decides the composition of his cabinet. The ministers are usually from the elected members of parliament (although non-elected people can also be nominated); however, they must first resign from their elected seat. * The judicial power is in the hands of the courts. Magistrates are nominated by the minister on proposal from a Council of the Magistrates. ** Magistrates can be nominated to become a judge (sitting magistrates) or instructing judge (investigating judge) of Procureur (public prosecutor) (the standing magistrates). ** The executive branch of the government is responsible for providing the physical means to execute its role (infrastructure, staff, financial means). ** Judges and some other people cannot run for elected office while they are nominated to certain positions (military, police-officers, clergy, notaries, bailiffs). (vertical separation of powers): * Supranational directives (EU legislation) and international treaties are subjected to approval of the federal level (the federal level being Belgium the nation state) * The federal level comprises the following: ** A bicameral parliament (House of Representatives and Senate) (in 2014 this will be a directly elected house and an indirectly appointed Senate of the regions) ** A federal government (led by the Prime Minister, ministers and secretaries of state) *** Tasked with overseeing justice, defence, foreign affairs, social security, and public health ** High Court, Constitutional Court, Cassation Court and Council of State * The regional level comprises the following: ** A unicameral parliament ** A regional government led by the minister-president (ministers and secretaries of state) is tasked with regional matters * Provinces also have similar structures: ** A unicameral provincial council ** A nominated provincial governor assisted by deputies is tasked with provincial matters ** Appellate Court, Assizes Court * An intermediate level of Arrondissements subdivides the provinces ** it has only an executive level with arrondissemental commissars * City and communal entities (local government): ** A city or communal council ** A mayor, assisted by aldermen, is tasked with local matters ** Magistrates Court, Correctional Court (three judges) ** Justice of the peace and Police Court judges (single judge courts) Secularism (separation of state and religion): * The king, the head of state, holds no political authority and requires executive approval by a minister for every action and statement; he nominates the ministers but he does not choose them (his executive powers); he signs and decrees the laws voted in parliament (his legislative powers); * The head of state is commander in chief of the military (in title only), politically the military depends on the Minister of Defence and the chiefs of staff are responsible towards parliament and take their orders from the Minister of Defence and the government; * Certain functions are deemed incompatible and people must resign from their function if they want to assume responsibilities in another function (military commanders have never been government ministers, even during a war). Costa Rica In the aftermath of the in 1948 (after former and incumbent candidate tried to take power through , by not recognising the results of the that he had lost), the question of which transformational model the Costa Rican State would follow was the main issue that confronted the victors. A was elected by popular vote to draw up a new constitution, , and remains in force. This document was an edit of the , as the constituent assembly rejected more radical corporatist ideas proposed by the ruling (which, although having come to power by military force, abolished the armed forces). Nonetheless, the new constitution increased centralization of power at the expense of municipalities and eliminated provincial government altogether, and at the time it increased the powers of congress and the judiciary. It established the three supreme powers as the legislative, executive, and judicial branches, but also created two other autonomous state organs that have equivalent power, but not equivalent rank. The first is the (electoral branch), which controls elections and makes unique, unappealable decisions on their outcomes. The second is the office of the (audit branch), an autonomous and independent organ nominally subordinate to the unicameral legislative assembly. All budgets of ministries and municipalities must pass through this agency, including the execution of budget items such as contracting for routine operations. The Comptroller also provides financial vigilance over government offices and office holders, and routinely brings actions to remove mayors for malfeasance, firmly establishing this organization as the fifth branch of the Republic. European Union The is a supranational polity, and is neither a country nor a federation; but as the EU wields political power it complies with the principle of separation of powers. There are seven . In intergovernmental matters, most power is concentrated in the —giving it the characteristics of a normal . Here, all power at the EU level is in one branch. In the latter there are four main actors. The acts as an independent executive which is appointed by the Council in conjunction with the European Parliament; but the Commission also has a legislative role as the sole initiator of EU legislation. An early maxim was: "The Commission proposes and the Council disposes"; and although the EU's lawmaking procedure is now much more complicated, this simple maxim still holds some truth. As well as both executive and legislative functions, the Commission arguably exercises a third, quasi-judicial, function under Articles 101 & 102 TFEU (competition law ); although the ECJ remains the final arbiter. The is one half of the legislative branch and is directly elected. The Council itself acts both as the second half of the legislative branch and also holds some executive functions (some of which are exercised by the related in practice). The acts as the independent judicial branch, interpreting EU law and treaties. The remaining institution, the , is an independent audit authority (due to the sensitive nature of fraud in the EU). * – executive and legislative * – executive, legislative and quasi-judicial * – executive * – audit * and the – judicial * – legislative Germany The three branches in German government are further divided into six main bodies enshrined in the : * Federal President ( ) – formally executive, but mainly representative in daily politics * Federal Cabinet ( ) – executive * Federal Diet ( ) & Federal Council ( ) – bicameral legislative * Federal Assembly ( ) – presidential electoral college (consisting of the members of the Bundestag and electors from the ) * Federal Constitutional Court ( ) – judiciary Besides the constitutional court, the judicial branch at the federal level is made up of five supreme courts—one for civil and criminal cases (Bundesgerichtshof), and one each for administrative, tax, labour, and social security issues. There are also state-based ( ) courts beneath them, and a rarely used . Hungary The four independent branches of power in Hungary (the parliament, the government, the court system, and the office of the public accuser) are divided into six bodies: * (Magyar Országgyűlés): elected every 4 years by the people in a highly complex, one-round voting system * (Magyar Kormány): installed and removed by simple majority vote of the parliament, 4-year terms * (Legfelsőbb Bíróság): Chief justice elected by qualified (2/3) majority of the parliament, no government oversight * (Alkotmánybíróság): members elected by qualified majority of the parliament for 8 years, this body nullifies laws and has no government oversight * (Legfőbb ügyész): elected by qualified majority of the parliament, 6-year terms, office budget fixed, no government oversight * (Köztársasági Elnök) is elected by qualified majority of the Hungarian parliament for 5-year terms (cannot be reelected more than once). The President's task is to oversee the functioning of the democracy. Most of his/her powers are ceremonial only: like signing laws into power and commanding the military in time of peace. But before signing, he/she can also return accepted bills once with advices to the Parliament for reconsideration; he/she can also request nullification in advance from the Constitutional Court. He can negotiate with civil/professional unions regarding the bills. Without the President's permission, the country can neither declare war nor deploy the armed forces. The independent pillar status of the Hungarian public accuser's office is a unique construction, loosely modelled on the system Portugal introduced after the 1974 victory of the . The public accuser (attorney general) body has become the fourth column of Hungarian democracy only in recent times: after communism fell in 1989, the office was made independent by a new clause (XI) of the Constitution. The change was meant to prevent abuse of state power, especially with regards to the use of false accusations against opposition politicians, who may be excluded from elections if locked in protracted or excessively severe court cases. To prevent the Hungarian accuser's office from neglecting its duties, natural human private persons can submit investigation requests, called "pótmagánvád," directly to the courts if the accusers' office refuses to. Courts will decide if the allegations have merit and order police to act in lieu of the accuser's office if warranted. In its decision No. 42/2005, the Hungarian constitutional court declared that the government does not enjoy such privilege and the state is powerless to further pursue cases if the public accuser refuses to do so. Historical Notable examples of states after Montesquieu that had more than three powers include: * Quadripartite Systems: ** The (1822–1889) had, in addition to the three traditional powers, the moderating power, which was exercised solely by the Emperor, and whose function was resolving conflicts between the other powers. References